| Klein v Klein |
| 2010 NY Slip Op 04747 [74 AD3d 753] |
| June 1, 2010 |
| Appellate Division, Second Department |
| Richard Klein, Appellant, v Jill Klein,Respondent. |
—[*1] Patricia T. Bisesto, White Plains, N.Y., for respondent.
In a matrimonial action in which the parties were divorced by judgment entered December29, 2008, the plaintiff appeals from an order of the Supreme Court, Westchester County(Jamieson, J.), entered May 29, 2009, which denied, without a hearing, his motion for adownward modification of his maintenance and child support obligations pursuant to aseparation agreement dated February 14, 2004, which was incorporated but not merged into thejudgment of divorce.
Ordered that the order is affirmed, with costs.
The Supreme Court properly denied, without a hearing, that branch of the plaintiff's motionwhich was for a downward modification of his maintenance obligation because he did notestablish, prima facie, that continued enforcement of his maintenance obligation would create anextreme hardship (see Domestic Relations Law § 236 [B] [9] [b]; DiVito v DiVito, 56 AD3d 601,602 [2008]; Mahato v Mahato, 16AD3d 386 [2005]). In addition, the Supreme Court properly denied, without a hearing, thatbranch of the plaintiff's motion which was for a downward modification of his child supportobligations because he did not establish, prima facie, that there had been a substantial,unanticipated, and unreasonable change in circumstances (see Mahato v Mahato, 16 AD3d 386 [2005]; Praeger vPraeger, 162 AD2d 671 [1990]). Rivera, J.P., Florio, Angiolillo and Austin, JJ., concur.